HomeMy WebLinkAboutR-00-0692J -00-628(a)
7/6/00
RESOLUTION NO.
0 692
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), DENYING THE APPEAL,
AFFIRMING THE DECISION OF THE ZONING BOARD,
THEREBY DENYING A VARIANCE FROM ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 9,
SECTION 924.1.3, LIMITATIONS ON LOCATION AND
EXTENSION OF DOCKS AND PIERS IN RESIDENTIAL
DISTRICTS, TO ALLOW A SIDE YARD SETBACK OF
210" (10'0" REQUIRED), FOR THE PROPERTY
LOCATED AT APPROXIMATELY 3501 ANCHORAGE WAY,
MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board at its meeting of
May 15, 2000, Item No. 4, following an advertised public hearing,
adopted Resolution No. ZB 2000-0307 by a vote of six to three
(6-3), denying a request for a variance from Ordinance No. 11000,
as amended; the Zoning Ordinance of the City of Miami, Article 9,
Section 924.1.3, to -allow a side yard setback as hereinafter set
forth; and
WHEREAS, on June 29, 2000, the City Commission denied the
appeal of the applicant., and affirmed the Zoning Board's denial
of variance pursuant to Resolution No. 00-572; and
}. d e 1,
CONTAINED
CITY COMMISSION
MEETING OF
J U L 2 7 2000
Resolution No.
coo— 692
WHEREAS, pursuant to Motion No: 00- adopted July 20,
2000, the City Commission affirmatively approved a motion to
reconsider its decision in Resolution No. 00-572; and
WHEREAS, the City Commission after careful consideration of
this matter finds that the stated grounds for the appeal and the
facts presented in support thereof do not justify reversing the
decision of the Zoning Board denying the variance or reversing
its prior decision set forth in Resolution No. 00-572;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The. City Commission hereby reaffirms its
decision set forth in Resolution No. 00-572, denies the appeal,
and affirms the decision of the Zoning Board (Resolution
No. ZB 2000-0307, adopted May 15, 2000), thereby denying a
variance from Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Article 9, Section 924.1.3, to
allow a side -yard setback of 2'0" (10'0" required) for the
property located at approximately 3501 Anchorage Way, Miami,
Page 2 of 3 ~ ~ ~'° ~ ~,~
.7
Florida, legally described in "Exhibit l," attached hereto and
made a part hereof.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorl~
PASSED AND ADOPTED this 27th day of July 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this Legislation by signing it in the designated place provided, said legislatia~~ r~y;;~~
becomes ef#ective with the elapse of ten (id da from the date of Com ~ss~ n .. ;:on
regarding same, without the Mayor, ,z rci m eto.
ATTEST:
i
bllc er . F eman, Gity Cferk
WALTER J. FOEMAN
CITY CLERK
APP ED S/:T~ FOR 'D CORRECTNESS :~
AL DRO~ILARELL
C I T ATTORNEY ~/~~
539:YMT:BSS !~
~i If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 3 of 3 ~~~ ~~
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ZONING FACT SHEET
PZ-3
Case Number: 2000-0323 15-May-0O Item No: 4
Location: Approx. 3501 Anchorage Way
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Noel & Elizabeth Aguilera
3501 Anchorage Way
Miami, FL 33133
App. Ph: (305) 298-9786
Zoning: R-1 Single-family Residential
SD-18 Minimum Lot Size District
Request: Variance from Ordinance No. 11000., as amended, the Zoning Ordinance of the City
of Miami, Article 9, Section 924.1.3, Limitations on location and extension of docks
and piers in residential districts, to allow a side yard setback of 2'-0" (10'-0"
required) for docks. Continued from Zoning Board Hearing of April 17, 2000.
Purpose: This will allow the extension of are existing dock.
Recommendations:
Planning Department: Denial
Public Works: No comments
Plat and Street Committee: N/A
Dade County Transportation: No comments
Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date:
Found: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Daily Fine: $0.00 Affidavit Non-Compliance Issued on:
Warning Letter sent on:
Total Fines to Date: $0.00 Lien Recorded on: Comply Order by:
CEB Action:
History: Continued from Zoning Board Hearing of April 17, 2000.
Analysis: Please see attached. '
Zoning Board Resolution No: ZB 2000-030? -`'
Zoning Board: Denial Vote: 6-3
City Commission: .Denied on June 29, 2000 and reconsidered on July 20, 2000.
;'
• CITY OF MIAMI, FLORIDA
INYER-OFFICE MEMORANDUM
Joel E. Maxwell, Esquire July 5, 2000
r0 : DATE : FILE
Assistant City Attorney
r sua,,ECT : Motion to Reconsider -
``~ ~ `/~~1~ 3501 Anchorage Way
' Teresita L. Fernandez, Executive Secretary REFERENCES
FROM : O~1Ce of Hearing Boards
ENCLOSURES:
This is to advise you that the above item was scheduled before the City Commission on
3une 29, 2000. This is an appeal of a Zoning Board decision which denied a variance.
The property owner was notified to appear, but an oversight was made on the notification
to the representative filing the appeal on behalf of the property owners. There is still a
concern on whether or not the representative is a registered lobbyist.
It is hereby requested that a motion to reconsider be scheduled before the City
Commission meeting of July 20, 2000. If such motion is granted, the item will then be
scheduled before the City Commission on July 27, 2000.
Should you have any questions, please call me at 416-2038.
TLF/vc
c: Maria J. Chiaro, Esquire, Assistant City Attorney
Yamile M. Trehy, Esquire, Assistant City Attorney
Ana Gelabert-Sanchez, Director, Planning and Zoning Department
Walter J. Foeman, City Clerk
~~' ~~
RU DEN
MCCLOSKY
S M 1TH
SCHUSTER ~c
RUSSELL, P.A.
5'. _ :1
7Y ~ GI 2060
M
>
i
701 BRICKELLAVENUE
SUITE 1900
MIAMI, FLORIDA 33731
(305) 789-2722
FAX: (305) 789-2793
ERL(o~RUDEN.COM
May 22, 2000
Teresa Fernandez, Officer
City of Miami Hearing Board
P.O. Box 330708
Miami, Florida 33233
Re: 3501 Anchorage Way
Item No. 2000-0323
Deaz Ms. Fernandez:
This letter shall serve as our notice of intent to appeal the above-referenced zoning
variance application to the City of Miami Commission. The referenced application was heard
before the Zoning Appeals Board on Monday, May 15, 2000, at which time a Motion to Deny
the Application was carried. Pursuant to Article 20 the applicant is requesting review of the
denial of the Variance Application and a reversal of the Zoning Board's decision.
The referenced application sought a variance from the set back requirements for docks as
set forth in Section 924.1.1.?_ of the Zoning Code. Whereas, this application could have been
brought as a special exception thereby obviating the need to demonstrate hazdship, the applicant,
representing himself at the time, filed the application as a variance. As such, the Zoning Board
reviewed the application under the standazd of hardship. In this. instance, the Zoning Board
failed to find hazdship despite the fact that the subject application met all the criteria of a
hardship to support the variance.
Specifically, this application sought.a variance of the set back for a dock which is located
in a basin that according to undisputed qualified expert testimony, was unique in all of the City
of Miami. The uniqueness of this particular basin is in that it is shazed only by two properties,
one of which is the applicant, the other of which filed a letter of support for the application. The
basin is buffered by a jetty/waive break, which is uniquely configured so ,that it is opened on one
end as opposed to opened in the middle. The position of the opening of the jetty/waive break,
results in a unique hardship to the applicant in that there is no shelter from the tides and currents
and/or extreme winds that would protect the dock and any vessel should the dock continue in its
current condition. The applicant seeks a variance so as to buffer any vessel in the dock from the
MIA:126736:1
Page 2
effects of the tides, currents and extreme winds which otherwise cause the vessel to crash into
the abutting seawall. Moreover, the location of the mouth of the basin is such that. the mooring
of applicant's vessel in the existing dock would block off ingress and egress for the abutting
homeowner. '
. Since the requested variance. will not alter the essential character of the locality or
'interfere the zoning plan for the area, and with the rights of the owners of the other properties ,
and since the present location and configuration of the .existing dock within that basin constitutes
a unique hazdship, the variance should have been granted by the Zoning ~oazd.
Therefore, the applicant requests that the City Commission reconsider the application and
grant the requested variance. ,
. Sincerely;
' Ruden, McClosky, Smith,
Schuster &
. ,_
Eduazdo'R. Lacasa
ERL:w
[~.r• Mr Nnal O nnilara
..Miami Zoning Board
Resolution: ZB 2000-0307
Monday, May 15, 2000
Mr. Juvenal Pina offered the following Resolution and moved
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000,
THE ZONING BOARD DENIED THE VARIANCE FROM ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 924.1.3, LIMITATIONS ON
LOCATION AND EXTENSION OF DOCKS AND PIERS IN RESIDENTIAL DISTRICTS, TO ALLOW A
SIDE YARD SETBACK OF 2'0" (10'0" RQUIRED) FOR DOCKS FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3501 ANCHORAGE WAY, LEGALLY DESCRIBED AS LOT 9, BLOCK 1,
ANCHORAGE (122-64), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1
SINGLE FAMILY RESIDENTIAL AND SD-18 MINIMUM LOT SIZE DISTRICT.
Upon being seconded by Mr. Charles J. Flowers;
the motion was passed and adopted by the following vote:
Mr. George Barket Yes
Ms. Gloria M. Basila No
Mr. Rodolfo De La Guardia No
Mr. Charles J. Flowers Yes
Ms. Ileana Hernandez-Acosta Yes
Mr. Humberto J. Pellon Null
Mr. Juvenal Pina Yes
Mr. Ricardo D. Ruiz Yes
Mr. Angel Urquiola No
Mr. Georges Williams Yes
AYE: g
NAY: 3
ABSTENTIONS: 0
NO VOTES: ~
ABSENTS: 0
Ms. Fernandez: Motion carries 6-3
i
Teresita L. Fern dez, Chief
Office of Hearing Boards
Case No.: 2000-0323 Item Nbr: y
® ZONING BOARD A ON PETITION FOR.VARIANCE
MOTION: the on Agenda Item # y-
~~aZ~~Q(GRANTED) in that the be
Section 1903.1 , ,~~~~nQuurments of
relevant evidence~~) ~ ~~'~ satisfied by
tecord of the public hearing,
(a) as stated is the City's finds or fact, or
ro) ~ demonstrated by the petitioner, or
(c) on the basis of the following;
The Zotung Board shall make findings that all of the requirements and
standards of Section 1903.1(HAVE BEEN) (Kq~ NOT BEEN)
demonsttated.
CHECK ONE (a) Special conditions and circumstances ~~,~ ~
OF EACH NOT E7CST) which are
ST TEA M NT boil ' ~~ to the land, structlne or
duig involved and which are not applicable to other
laads,'s~tructures, or buildings in the same zoning district
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
(b) The special conditions and cin;umstances (DO) (DO
NOT) result from the actions of the petitioner
1) as stated in the City's findings of fact
-- 2) ~ demonstrated by ~e petitions
3) as otherova~ stated below: ,~~#
(c) Literal ~ptetation of the provisions of zoning
ordinance (WOULD) (WOLn.D NOT) deprive the
applicant of tights commonly enjoyed by other properties
in the same zoning disttict under the terms of the zoning
ordinance sad work unnecessary and undue hardships on
the petitioner _
1) as sued is the City's findings of fact
Z) as demonstrated by the petitioner
3) as otherwise stated below:
" "
~d) Granting the variance ngnested (WII„L) (WQ,L NOTE
convey the same treasmeat to the individual owner as to
the owns of.otha leads, buildings, or structures in the
.same zoning district
. ~ ~ I) as stated in the City's findings of fact
" ~ 2) as demonstrated by the petitioner
. - 3) as otherwise stated below:
.. _ (c) 8 ~ ~~ (wII.L) (oVII.L NOT)
. convey the same , ~y special privilege that is
. denied by the zoning ordinaacr to other ~~, buildings
in the same zoning district...
R.
~~ If granted the variance (WIL.L BE) (WII„L NOT BE) in
harmony with the general intent and ptapose of the zoning
ordtnaace, and will not be injurious to the
or otherwise detrimental to the public welfare~~~'
. r __ l) as stated is the City's findings of fact
2) as demonstrated by ~e petitions
. --- 3) as otherwise stated below:
c ~~~
Siy
' ...
Agenda Item "
. Date-
~ ~,t " ,~
.. ~. ~ :~~
• •
ANALYSIS FOR VARIANCE
3501 ANCHORAGE WAY
CASE NO: 2000-0323.
Pursuant to Article 9, Section 924.1.3 of Ordinance 11000, as amended, the Zoning Or-
dinance of the City of Miami, Florida, the subject proposal for Variance has been re-
viewed as follows:
Variance for side yard setback of dock: Required - 10'- 0"
Proposed - 2'-0"
The following.findings have been made:
• It is found that there is no hardship to justify the requested variance. The existing
residential lot does have an existing wood dock which complies with all zoning
requirements
• It is found that by developing the new docks in the manner reflected in the plans
submitted, the property owner will derive undue benefits under the Zoning Ordinance
11000.
• It is found that the grant of this variance would confer on the petitioner a privilege
that is denied by zoning ordinance to other property owners within the same zoning
designation
Based on these findings, the Planning and Zoning Department is recommending
denial of the application as presented.
~U-- 6g2
• •
ANALYSIS ~®R VARIANCE
C~-SE N®. 2000-0323
Yes No N/A
I~ ^ ^ Special conditions and circumstances exist which are peculiar to the property.
^ ^ Special conditions are result of petitioners actions.
~^ i/! ^ Literal interpretation of ordinance causes undue hardship on petitioner.
;~ ^ ^ Granting variance conveys same treatment to owner.
J ~ ^ Variance, if granted, is the minimum variance for reasonable use. of property.
^ ~~ ^ !s in harmony with general intent and purpose of ordinance.
~' ~ ^!
^
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~ ^
^~ ^
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~atiag all of the following;
' tai Special ~ditians aad
arcumsraaces ~ w
~ b~~~'oh'~ sad ~'~ are not app~~ ~ p°~Iiar to the lane. s:nacre.
~ in the same sonic d~ other lands. szruaures. c- auiid•
tb) t~tr; coacli~oet attd ~ ~ aoL resu2L from the
actions of Lhe peti.
t~ ~ ~ of the pr~rn~ ~~ ~~a ves
bj- other ~~ the aPPltcant
terms of this sad met m the lame ~iag dis~riet under the
P~om3; ~' sad u$due hardship on the
(~ ~ ~es:ed aa®
as to the owe ~ ~~ ~. ~ the see meat to the individual
te) ' ~ m ~ distriQ;
tine of ~~~' is the miaimnm ~ ~~ same coning
or and ~sz'hle ~ nasoaable
(n The a~aat ~' ~ ~aaoe is is bsrmoas. ~ ~
~ ~ not ~issrioua to the nei~ ~ a of this
detr:meutal
~umeat:, reps,
used by Pt'titioaer is super o f ~st<' or other .vrittei, or mac . if as
~Qui:'emeats than be submitted ~ ~ demonstration of an3, ~ ~ of the •ab~
~~
CITY OF MI
OFFICE OF HEARING BpgRpg
APPLICATION FOR VARIANCE
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SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING
LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING [N
LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A
COPY OF SAID ORDINANCE IS AVAILABLE 1N THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
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NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK,
A Variance is a relaxation of the terms of the Zoning Ordinance where such action will not be contrary to
the public interest and where owing to conditions peculiar to the property and not the result of actions of
the applicant, a literal enforcement of this Ordinance would result in unneces
the ro sary and undue hardship on
p perry. As used in the Zoning Ordinance, a Variance is authorized only for height, area, size of
structure, dimensions of yards, other open spaces, off-street parking and/or loading requirements (see
Article 19 of the Zoning Ordinance).
I, Noel & Elizabeth AQuilera hereby petition the City of Miami Zoning Board for
a Variance from the terms of the Zoning Ordinance of the City of Miami, affecting property located at
av _ Miami F1 nri Aa ,folio number
01 4128 036 0090 as specified below.
In support of this application, the following material is submitted.
x I . Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one
year from the date of application.
~_ 2. Four copies-signed and sealed by a State of Florida Registered Architect or Engineer-of site plans showing
(as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing.
~_ 3. Affidaviu disclosing ownership of property covered by applications and disclosure of interest form
(attached to application).
x 4. Certified list of owner of real estate within a 375•foot radius of the outride boundaries of property covered
by the application.
x 5. At least two photographs that show the entire property (land and improvements).
~~r ~~
x 6. Recorded warranty d• and tax forms for the
most current year available that show the present o•~nens) of
the property.
x 7. Other (Specify and attach cover letter explaining why any document you arc attaching is pertinent to this
application).
Letters of No Ob'ection from ad'acent ro ert owners.
Letter from engineers stating scope of work
,~_ 8. Fee of $ to apply toward the cost of processing, according to Section 42- t 56 of the
Zoning Ordinance: .
CS, PR, R-1, R-2, (single-family and duplex residential uses) ......................$250.00
Piers, docks, wharves and the tike, for each Variance from the
ordinance, per lineal foot ........................................ .........$ 45.00
Minimum ............................ .........$700.00
.................................
All applications for Variances relating to the same structure shall
be assessed a single fee to be calculated per square foot of gross
floor area of the proposed structure or addition, based upon the
definition of gross floor area found in Section 25.02 of Zoning
Ordinance, as amended ............... ........................$ .10
...........................................
Minimum .............:..........................
.....................................................:..........$650.00
Application for Variance as a result of a change in approved plans or as a result of
a violation notice shall be charged an additional fee, per Variance:
CS, PR, R• 1, R-2 ......................
................................................... .........$250:00
A11 other residential districu ................ .........$450.00
................................................
All nonresidential districts ......................... ......$550.00
. .............................................
Extension of time for Variance .......:........:... ....$500.00
.............................................
.Public hearing mail notice fees,. including cost of handling and
mailing per notice .........................................................................................$ 3.50
Surcharge equal to applicable fee from items above, not to exceed eight hundred
dollars (800.00), except from agencies of the Ciry; such surcharge to be refunded
to the applicant if there is no appeal from a property owner within three hundred
and seventy-five (375) feet of the subject property
_~ 9. The Variance request is for relief from the provisions of Section 924.1 1 of the City of Miami
Zoning Ordinance as follows:
Special Exception, pursuant to City of Miami Zoning Ordinance 11000
as amended, Article 9, Section 924.11, Conditonal Principal Uses,
to extend dock 25 feet into the waterways.
~~~ ~~~
x 10. in support of the ap~ation, the a iicant is
PP prepared to offer the~ollowing evidence, on the oinc
enumerated at Section 1903 of the Ciry of Miami Zoning Ordinance. p
Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed.
x (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved
and which are not applicable to other lands, structures, or buildings in the same zoning district in that: (list
evidence to be produced and use additional sheen, if necessary.)
Property waterfront is located in a private boat basin shared
by two (2) residences. The dock needs to be along south property
line to allow the neighbor access to the basin.
x (b) The special conditions and circumstances do not result from the actions of the petitioner in that:
The basin was constructed with a breakwater jetti that located
the entrance to the basin to the south instead of in the center.
~, c~ (c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Ordinance
and would work unnecessary and undue hardships on the petitioner in that:
If the owner keeps the required setback the entrance to the basin
will be .restricted.
x (d) Granting the Variance requested will not confer on the petitioner that special privilege that is denied by the
Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that:
A boat can be moored at that side of the basin allowing adjoining
neighbor access to the basin.
__~, (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land,
building or structure in that:
A single boat can be docked at the property within basin and allow
neighbor access.
~U~ X92
x (f) The grant of the Variance will be in harmony with the general intent and purpose of the Zoning Ordinanc_.
and will not be injurious to the neighborhood, or otherwise detrimental to the~public welfare.
Because the project will be confined to the private basin and
both neighbors are in agreement to the project as proposed.
Note:. All documenu, reports, studies, exhibiu or other written or graphic material to be submitted to the Zoning Board
shall be submitted with this application.
Signatun
Noel Aguilera dame
3501 Anchorage Way Address, 3501 Anchorage Way
Miami,, Florida 33133, Miami, Florida 33133
Telephone 305 - 295- 97Rf
-Date September 7th, 1999
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
The foregoing instrument waz acknowledged before me this ~ ~i
19 `~~1, by Noel Ac7uilera day of
produced who is personally known to me or w•ho has
az identification and who did (did not) take an oath.
~.
~Ca~--=
N~ne:lNoel Aguiler
Notary Public-State of Flonda
Commission No.: GG ~ q a 5 0 In
My Commission Expires: : o - ~ v - a o~~~~
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STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this
19 . by _ day of
a of
He/She is personally known to me or has produced CO~°~O4 °A behalf of the corporation.
and who did (did not) take an oath. az identification
Name:
Notary Public-State of Florida
Commission No.:
My Commission Expires:
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STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this
19 , by day of
partner (or agent) on behalf of
produced a P~ership. HdShe is personally known to me or who has
az identification and who did (did not) take an oath,
Name:
OFFICIAL NOTARY SEA'
LLrLS E JIMENEZ
NOTARY PUBUC SPATE OF FLOfi
COMMPSSION NO. CC5975(Y
MYCOMMISSIONEXP.OCT. ]G.~
Notary Public-State of Florida
Commission No.:
My Commission Expires;
~~"' ~~~
STATE OF FLORIDA •
COUNTY OF MIAMI-DADS
•
The foregoing instrument was acknowledged before me this ~ ~
199'9, by Elizabeth Aguilera day of
produced who is personally known to me or a•ho has
as identification and who did (did not) tape an oath.
OF ~ E MENEZ~t ` ~
NOTARY PUBLIC STATE OF FLORIUP. ~
COMMISSION NO. CC592SOG
MYCOMMISSIONFJ(p.0~ 70.2(R.~; ,
N~•Elizabet guilera
Notary Public-State of Florida
Commission No.: cG ~ 9 a ~ D G
My Commission Expires: io - ~ o _ ado u
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STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me.this
19 , by day of
a of
He/She is personally known to me or has produced corporation, on behalf of the corporation.
and who did (did not) take an oath. as identification
Name:
Notary Public-State of Florida
Commission No.:
My Commission Expires:
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STATE OF FLORIDA
COUNTY OF MIAMI-DARE
The foregoing instrument was acknowledged before me this
19 , by day of
partner (or agent) on behalf of
produced a Partnership. HeJShe is personally known to me or who has
as identification and who did (did not) take an oath.
Name:
Notary public-State of Florida
Commission No.:
My Commission Expires:
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• •
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF MIAMI-DADS }
Before me, the undersigned authority, this day personally appeared Noel Aguilera
who being by me first duly sworn, upon oath, deposes and says:
I . That he/she is the owner, or the legal .representative of the owner, submitting the accompanying application for
a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located
in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act
in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the
accompanying petition.
3. That the pages attached hereto and made a part of this affidavit contain the cun; ent names, mailing addresses,
telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true
and correct.
Further Affiant sayeth not.
STATE OF FLORIDA '`gyp scan ~ re
COUNTY OF MIAMI-DADS N el Aguilera
The foregoing instrument was acknowledged before me this . 7th day of September
19 99, by Noel Aguilera who is
produced personally known to me or who has
as identification and who did (did not) take an oath.
i
Name: Luis E. Jim z
OFFICIAL NOTARY SEAL Notary Public-State of Flori
t.[JIS E JIMENEZ Commission No.: CC 5 9 2 5 0 6
NOTARY PUBLIC SPATE OF FLORIDA My Commission Expires: October 1 0
2 0 0 0
COMMISSION NO. CC597S06 ,
MYCOMMISSION EXP. OCT. 10.2Uut!
Before me, the undersigned authority, this day personally appeared Elizabeth Aguilera
who being by me first duly sworn, upon oath, deposes and says:
1. That helshe is the owner, or the legal representative of the owner, submitting the accompanying application for
a, public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located
in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof.
2. That all, owners which: he/she represents; if any, have'given their full and complete permission forhimlher to act
in his/her behalf for the change or modification of a classification'or regulation of zoning as set out in the
accompanying petition.
3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses,
telephone numbers and legal descriptions for the, real property of which he/she is the owner or legal representative.
4. The facts as represented in, the application and documents submitted in conjunction with this affidavit are true
and correct.
/>
Further Affiant sayeth' not; '
. ~C ~; ,~
STATE OF FLORIDA - ~ ~ ~- cacnt's ignature
Elizabeth Aguiler
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this 7th day of _ September
1999 , by Elizabeth Aguilera who is personally known to me or who has
produced as identification and who did (did. not) take an oath.
OFFICIAL NOTARY SEAL - Name; Luis E. Ji nez
wi5 E JIMENEZ Notary Public-State of F rids
NOTARY i'UBLIC STATE OF FLORIDA Commission No.: CC 5 9 2 5 0 6
COMM6SION NO. CC592506
MY CoMMlsstoN ExP. ocr to 2000 ~ My Commission Expires: October l 0 , 2 0 0 0
.~~ ~~ ..
~ ~.
OWNER'S LIST
Owner's Name Noel Aguilera and wife Elizabeth AQUilera
Mailing Address 3501 Anchorage Way, Miami, Florida Zip Code 33133
Telephone Number 305 - 298-9786
Legal Description:
Lot 9, Block 1, ANCHORAGE SUBDIVISION, according to the plat thereof
as recorded in Plat Book .122, Page 64 of the public records of Dade
County, Florida
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Zip Code
Any other real estate property owned individually, jointly, or severally (by corporation,'partnership or privately) within
375 feet of the subject site is listed as follows:
Street Address
NONE
.Street Address
Street Address
Legal Description
Legal Description
Legal Description
~"''
P
• •
DISCLOSURE OF OWNERSHIP
' 1. Legal description and street address of subject real property:
Lot 9, Block 1, ANCHORAGE, according to the Plat thereof, as recorded in
Plat Book 122, Page 6'4 of the Public Records of Miami-Dade County, Florida
Together with the exclusive right to use the-dock appurtenant to Lot 9.
a.k.a.: 3501 Anchorage Way., Miami, Florida 33133
2. Owner(s) of subject real property-and percentage of ownership. Note: Section 2-618. of the Code of the City of
Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a
presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of ,
shareholders of corporations, beneficiaries of trusts, .and/or any other interested parties, together with their addresses
and proportionate interest.
OWNERS: Noel Aguilera and his wife Elizabeth Aguilera
PERCENTAGE OF OWNERSHIP: Owners~by entireties
3. Legal description and street address of any real property (a) owned b an
y y party listed in answer to question #2, and.
(b) located within 375 feet of the subject real property.
Not applicable.
er arr Attorney for Owner
oel Aguilera
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this 7th day of September
19 99 , by Noel Aguilera who is personally known to me or who has
produced as identification and who did (did not) take an oath.
~.
Name: Luis E. Jime z
. Notary Public-.State of Flo
•Commission No.: CC592506
My Commission Expires: October 10 , 2 0 0 0
~6~~- ~
~ •
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property: -
Lot 9, Block 1, ANCHORAGE, according to .the Plat thereof, Plat Book 122,
Page 64, of the Public Records of Miami-Dade County, Florida, together
with the exclusive right to use the dock appurtenant to Lot 9.
a.k.a.: 3501 Anchorage Way, Miami, Florida 33133
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-61>; of the Code of the City of
Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a
presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses
and proportionate interest.
OWNERS: Noel Aguilera and his wife Elizabeth Aguilera.
PERCENTAGE OF OWNERSHIP: Owners by entireties.
3. Legal description and street address of any real property (a) owned by any party Iisted in answer to question #2, and
(b) located within 375 feet of the subject real property.
~f~
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
The foregoing instrument was acknowledged before me this 7th day of September
1999 , by Elizabeth AQUilera who is personally known to me or who has
produced as identification and who did (did not) take an oath.
Name: uis E. Jima ez
Notary Public-State of Flog da
Commission No.: CC592506
OFFiC1ALNOTARYSEAL M Commission E
LUISEJIMENEZ Y xpires: October 10, 2000
NOTARY PUBLIC SPATE OF FLORIDA
COMMLSSION NO. CC592506
MY COMMISSION EXP. OCT.10,2000
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7].ic i t prepared hY
Neat S. L....an. Fsq.
Nea15. litman. PA
Grow Play - Second Moor
2900 SW 28 Terrace
Comnut Grove; florida 33133
c:
SEC :~~U~PG~`' 9SR597~37 1995 DE :- .=:
OOCSTPDEf 18 r 825. Ct[t SUkTX C:. ~~
HARVEY RUIrINr CLERY, DADS CGU.':"~ • ~
.. -.._. -.=o-t~e-_
t H.4Rt.:' ~ P,~l~1A
SPaOe E+~ This Line For According Dotal
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+! ~ ~a~ni~rP~ Made this DecemFer ~_. 1998 lxtween James n. Sc!twade and I:srva Scb~~•adc. Fis
wife First Party, to Ncel Aguilera cad FJizabeth ,alguilera; Secamd parry, whose post office address is 3501 Anchorigge Way, Miami.
Florida 33133.
(Whwever used heraa, the toms "First Parry' and 'Second Party" shall include singular and plural, heirs. legal representatives. and assigns of individuaV,
and the su~m~pesgpso~rs,~,a~nd~assigns of oorporatioas, wherever the oonten so admiu or requires.)
+y'-0`++~~~. That said First Patty, for and in owrsideranion of the sttm of 510.00 and other good valuable
coavderation receipt whereof is hereby aclmowledged, hereby grazm, bargains, sells, aliens. remises, releases, conveys and confirms
tmto the Second party. all that certain land situated mMiami-Dade Cotmty, Florida, to wit
Lot 9, in Block 1, of Anchorage, according to the Plat thereof, as recorded in Plat Book 122 at Page ti4, of the
Public Records of Miami-Dade County,llorida, together with the exdnsive right to use the dock appurtenant
to Lot: 9.
[For Infotnaatitm Only: Property Appraisers Parcel ldmtificadon Ntnnber is 01128-0360090)
Subject to: Conditions, restrictions, reservations, limitations and easements of retards, if any (provided, however, that this reference
shall not operate to reimpose the same), applicable zoning regulations and taxes for the current and subsequent years.
e~~~P~Pr with au the reaemencc, hereditaments and appurtettantxs thereto belonging or in anywise appcttainine.
11it1.1 the First Patty hereby coveaaats with said Second Patty that the First Party is (awfully seized of said land ut Cec
simple; that the First Party has good right and lawful authority to sell atul convey said land; that the First Party hereby fully warrans
the title to said Land cad will defend the same against the lawful claims of all personas whomsoever; and that said Ltnd u frce of all
enctmtbrances.
Jlt ~i~xiPSS ~~PrPaf r the said First Patty has signed and sealed these presents the day and yeaz lust alcove
written.
Si sealed . delivered in the presence of:
f!
Pont Name
rtp~q~ ~l
W(aD
TIm[ W'1L11CS5 i`IamC
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Sam D. S wade
Address: 3730 Degarmo Lane
Coconut Grove, Florida 33133
i l- ``
KarYn SchwadE'
Address: 3730 Degarmo Lanc
Coconut Grove, Florida 331.13
The f~egoing instrument was aclmowkdged before me this December 1998 by James D. Schwadc and liar a
Schwade, his wife, who isJaze personally lmown to me aadlor produced ~ 1~~- t c ~t ~ ~ r t ~<: ~ •~ identification. y
~~;
N Public - S of Florida
~-c Au A ~h 1
Print Name
.-~'t ' uANA M. fEHL
:° `'r. comm. No. tx ti96991
• • My Comm. fsp. Nov. ?8.2001
~'., .~ Bonded thro PkMA Itla. AOCy.
r: ~eresmosuoaooo.ern~a-ruarr.oo - ~.~. s - or.:w i3rarss ~ a,~s o. ~p nit
r
FROM :`DOCK AND~MARINE CONSTRUCT FAX N0. 3057514825 1..26 2000 02:08PM P1
Date:
Metro- Dade County DERM
Coastal Resources Section
33 S.W. 2nd Avenue, Suite 400
Miami, Florida 33130
RE; I.,etter of no objection for C
proposed A 5~f~ ,f-
a.t the 9 y i ~~ ,
5 I
ect CC - ,
property, .located at
, Dade County, Florida .
To whom it ma concern: ] ~ ~~l
~~ / !.i , am the owner of the property
rint or type ame
located at _ .7 A N [9~' N1 ~' ~~ whicYi
is adjacent to the above refe ence address.
Z have reviewed the plans entitle fob -~ ~ `~ ~~ O ~
pre~ared by ~,~ V ~ S ~'1~l Cr P . E . ,
signed and sealed on ~ and approved by DERM-for
the above reference pr43ect and am aware that my cpnsent is
necessary for 9.ts completion because it exceeds the boundaries
mandated under Section D-5.03(2)(a), (the D-5 triangle ), of
the Miami- Dade County Public Works Manual.
I am hereby advising you that 1 have ao objection to the
project as proposed.
Sincerely,,
~~~
Frope ty dwner
Su ribed and b t0 me this. day of __~G'_`_J_ 1999
~-
by
P sonar. y known Px'oduce identification
Type of ID produced
Nat ar Ptlbl 1 C ~~,RY pv~ OFF1cwi ryoTApY SERI.
Y O t~ MAX CARSON
* ~~ * Ci0h1Y13SrON 111fYhER
r ~'.~ CC5d~ ~ .
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4 . F.i•t ~3 !'.t
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~..+'tlYtr ':d l~.:. b
FROM :DOCK AND MARINE CONSTRUCT FAX N0. 3057514825 ~1. 26 2000 02:08PM P2
Date: Submitted into the public
record in connection with
item iDZ 3 on -~ -~ ~ ~ao
City of Mianii yllalter Foeman
Public Works Department y , City Clerk
444 S. W. 2~ Avenue
Miami, Florida
%~ ~'~`' G/ ~ Pro
12B: Letter ofNo Objection for Class I Construction Project CC posed
~Y-C._, p#operty, located at ~SD 1 ~l'1 C~ ~'~ -' ~~'
at the - ''e` '
City of Mia ~, Miami-Dade Co~ nty, Florida .
To whom it may concern;
I, ~ ~ ~ n ~~ ~-} . 1~1~ cc; >r yt~i -n ~ `~.~ / , am the owner of the property located. at
Print or Type Name
A ~, - .. ~
-'~ c; ~ ~ ~,~ ~ -. ,~1..'~ ~, ~ :' ~ ~ which is adjacent to the above referenced
address. .
Y have review t
I am hereby advising you that ~ hav8 1]0 ObjgCtiOn to the construction of this project as praposed-
:.~
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~~
BEFQRE ME, the undersigned authority personally appeared /'~/ ~ U ~ n • ' -!--
who, after being duly sworn, deposes and says that he/she has read the foregoing, and that the slat merits
contained therein are true and correct to the best of his/her knowledge and belief.
Sworn and subscribe tppe this `L'l~ day of ~ t _> > `~~~..
Personally ):Cnown / produced Identification
Type of ID produced _
Notary pu 11C X. fem./ Ot~~Y pG~`J OFFICIAL NOTARY SEAL
MAX CARSON
~ ~ ?~ c~ cOAae~351o-~ Noreen
,~ ~ ~-~'r N ? ~ als a C4`5a4474 ~
~~` ~~~
I am aware that my consent is necessary for its completion, because it exceeds the boundaries ttiandated
under Section D-5.43 {2) {a), (the "]~-5" triangle), of the Miami - T)ade County Public 'W'orks Manual.
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This drawing represents the surveyed basin including the existing docks and
the proposed dock for Mr. Aguilera.
A, B,C,;and D represent the measurements of the clearances at the entrance of
the basin when Mr. Aguilera vessel is moor at the slip.
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